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Aboriginal Societies and International Law: A History of Sovereignty, Status, and Land

Aboriginal Societies and International Law: A History of Sovereignty, Status, and Land

Chapter:

(p.289)
5 Aboriginal Societies and International Law: A History of Sovereignty, Status, and Land

Source:

Aboriginal Societies and the Common Law

Author(s):

P.G. McHUGH

Publisher:

Oxford University Press

DOI:10.1093/acprof:oso/9780198252481.003.0005

This chapter shows how, after World War II, international and municipal legal systems transformed into a more complex and juridified conception where law increasingly modified and curbed the exercise of settler-state authority over aboriginal peoples. In both the international and municipal systems the legal pattern was one of growing settler-state accountability for its management of aboriginal affairs. At the most general level, these systems witnessed an increasing legal recognition and accommodation of the claims of aboriginal peoples. The applicability of those international norms to some populations in Asia, Africa, and South America remained contentious. However there was never any doubt of their relevance to the aboriginal societies of North America and Australasia. State practice in those jurisdictions was — and to a significant extent remains — an influential factor in the normative development of international law.

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 19 March 2018